The Obama administration’s prosecution of Dan Choi for chaining himself to the White House fence in protest of the Don’t Ask Don’t Tell policy, had been temporarily suspended after Judge Facciola made a preliminary ruling that there was enough evidence to allow for Choi’s attorneys to argue that he was a victim of “selective” or “vindictive” prosecution. Defense Attorney Norman Kent has said the decision to persecute Choi and others “may go all the way to the White House.” Obama’s DoJ has since filed a rare Writ of Mandamus to prevent the judge from allowing Choi’s attorneys to pursue a vindictive prosecution defense. Another of Choi’s attorneys, Robert J. Feldman, filed their response to the petition for a Writ of Mandumus on Wednesday, and a short time later (surprise, surprise), the Secret Service released emails showing that it was indeed the White House that had tipped them off about the protest – before it even happened!
In their response, Choi’s attorney, Robert J. Feldman, argues that the elements for filing a Writ of Mandamus have not been met and that the government has “dirty hands.” The Mandumus Writ should be rejected over their persecution of Dan Choi, by prosecuting him separately from the other protesters, failing to prepare adequately for the case, and for withholding material which it had a duty to disclose that would’ve helped Choi’s defense strategy. Feldman also made a prediction for the future of this case: “We will permit the government a reasonable time to reply if they wish. And when they lose this Mandamus, one of three things will happen: Dan Choi will be acquitted, the charges against Dan Choi will be dismissed, or – the most preferable of all – the trial will continue, and the United States vs. Choi will become Choi vs. The United States, de facto. It is in the interest of the whole LGBT community for the trial to continue, where the GOVERNMENT rather than Choi would be on trial.” (via FireDogLake)